70A-2-616. Procedure on notice claiming excuse.
(1) Where the buyer receives notification of a material or indefinite delay or an allocation
justified under the preceding section he may by written notification to the seller as to any delivery
concerned, and where the prospective deficiency substantially impairs the value of the whole
contract under the provisions of this chapter relating to breach of installment contracts (Section
70A-2-612), then also as to the whole,
(a) terminate and thereby discharge any unexecuted portion of the contract; or
(b) modify the contract by agreeing to take his available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the
contract within a reasonable time not exceeding thirty days the contract lapses with respect to any
deliveries affected.
(3) The provisions of this section may not be negated by agreement except in so far as the
seller has assumed a greater obligation under the preceding section.
Enacted by Chapter 154, 1965 General Session
Download Code Section Zipped WordPerfect 70A02_061600.ZIP 2,121 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009